cr.p.c

Anil Kumar kamboj Delhi M-9650 (Querist) 03 September 2009 This query is : Resolved
whether Cr.p.c is a matter of state list or union list or corrent list
pls exactly clarify this statement

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Sarvesh Kumar Sharma Advocate (Expert) 03 September 2009
codified act comes in union list.

Atul Singh (Expert) 03 September 2009
^^ Every statute, whether enacted by the State legislature or the Parliament of India, is a codified law. Merely because the law is codified does not necessarily imply that it is in Union List.

@Anil Kumar: Its an interesting question. Sure, Code of Criminal Procedure is a central Act passed by the Parliament of India. Which implies that the Parliament of India was competent to enact it. But, under what list?

The answer lies in Entry 2 to List III of the Seventh Schedule of the Constitution of India:

"Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution."

Therefore, Cr.P.C. exists under the concurrent list.